Boundary issue

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Caz2023

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Hi all..can anyone please advise us..our house was sale agreed but when we ordered the maps it shows our neighbours house boundry is coming through our living room..they are deceased..left no will so there is no one who owns the house…therefore no one can sign a deed of rectification for us..we have now lost the sale of our house as our solicitor didn’t know what to do…we were gutted and also lost the house we were buying as they wouldn’t wait any longer…has anyone ever been in this situation and what did you do?? Thanking ye all in advance
 
Were the boundaries not checked when you bought the house? Did your solicitor raise any questions at that time?
You can order the folio of the house next door from the PRAI to see who the registered owner is. That'll be a start.
 
Something similar happened to a family member some years ago.

All the maps were digitised and so in some cases differences arose between the reality on the ground and the new digital map. Unfortunately the map has to be 'rectified' before a buyer can purchase.

In the case I am aware of the owner was known, until it was discovered that the registered owners were in fact his deceased parents. The deed of rectification had to be agreed by all his siblings, including one who lived in Australia.

What finally prompted them all to agree was that part of their property was in 'our' site. Had they wanted to sell they would have faced the same issue.

It might be worth enquiring if this is the case here, I think it is a common difference in the digitised maps, where a boundary at an angle to a road is mapped as perpendicular.
 
Caz2023 said:
they are deceased..left no will so there is no one who owns the house
Click to expand...
Some person or entity always owns the house. If there are living relatives, the estate will own it until it's resolved who inherits it. If no descendants can be identified I believe it will revert to state ownership, but your solicitor should be able to identify the scenario and advise on your options.
 
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